California High Court Could Hear Challenge to Prop. 8
By the DiversityInc staff
November 12, 2008
Keywords: same-sex marriage, LGBT, Proposition 8, election 08, discrimination, Democrat, voters
The California Supreme Court appears once again destined to take up the issue of same-sex marriage. But this time the issue to be decided would be whether Proposition 8, which amended the state constitution to define marriage as between a man and a woman, is such a major change to the constitution's equal-protection clause that it requires approval by the state legislature, the Los Angeles Times reports.
There are currently three lawsuits before the California Supreme Court that claim a simple majority of voters can't take away fundamental rights from a traditionally underrepresented group. A brief filed by 43 Democratic legislators argued that such a major change would constitute a revision to the constitution, not an amendment. The difference is important because a revision needs to be approved by two-thirds of the legislature before it's brought to a popular vote, while an amendment does not.
"The citizens of California rely on the legislature and the courts to safeguard against unlawful discrimination by temporary, and often short-lived, majorities," the brief stated.
Frank Schubert, manager of the Proposition 8 campaign, called the move a "Hail Mary" pass, saying the only way to repeal the proposition would be to place another initiative before the voters. The measure passed by a 500,000-vote margin, with a total of 11 million votes cast and counted.
Click here to read the full story in the Los Angeles Times.
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